COOPERATIVE FISHERIES MANAGEMENT ISSUES IN THE BALTIC SEA (by Walter Ranke)

Secretary
International Baltic Sea Fishery
Commission
Hoza 20 Str.
00-528 Warsaw
Poland
Tel: +48 22 628 8647
Fax: +48 22 625 3372
E-Mail: [email protected]

Convention on Fishing and Conservation of the Living Resources in the Baltic Sea and the Belts

The Convention was issued to protect the living resources of the Baltic Sea and the Belts and to accomplish their rational utilization by a close cooperation between the Contracting Parties of the Convention.

The Convention covers:

- all waters of the Baltic Sea and the Belts (excluding internal waters)^[56]
- all fish species and other living marine resources in the Convention Area

INTERNATIONAL BALTIC SEA FISHERY COMMISSION

The International Baltic Sea Fishery Commission was established pursuant to Article V of the Convention on Fishing and Conservation of the Living Resources in the Baltic Sea and the Belts (The Gdansk Convention) which was signed on the 13 September 1973 by Governments of the Baltic States (Denmark, Finland, German Democratic Republic, Federal Republic of Germany, Poland, Sweden, Soviet Union).

The pattern of membership of the Commission changed following the accession of the European Economic Community to the Convention on the 18th March 1984, with the simultaneous withdrawal of Denmark and the Federal Republic of Germany.

The unification of Germany in 1990 reduced the number of Contracting Parties to five. In 1992, Estonia, Latvia and Lithuania acceded to the Convention.

Finland and Sweden became members of the European Community on the 1st of January 1995.

There are now six Contracting Parties:

Estonia, the European Community (EC), Latvia, Lithuania, Poland and the Russian Federation.

DUTIES OF THE COMMISSION

The duties of the Commission are, among others:

- to coordinate the management of the living resources in the Convention Area, and

- to prepare and submit recommendations based as far as practicable on results of scientific research for consideration of the Contracting Parties

Article X of the Convention:

"Measures relating to the purposes of this Convention which the Commission may consider and in regard of which it may take recommendations to the Contracting States are:

a) any measures for the regulation of fishing gear, appliances and catching methods,

b) any measures regulating the size limits of fish that may be retained on board vessels or landed, exposed or offered for sale,

c) any measures establishing closed seasons,

d) any measures establishing closed areas,

e) any measures improving and increasing the living marine resources, including artificial reproduction and transplantation of fish and other organisms,

f) any measures establishing total allowable catch or fishing effort according to species, stocks, areas and fishing periods including total allowable catches for areas under the fisheries jurisdiction of Contracting States.

g) any other measures related to the conservation and rational exploitation of the living marine resources.”

When taking its decisions the Commission takes into account:

- the need to protect the stocks and

- the need to minimize the economic dislocations in the fishing communities of the Contracting Parties.

The enforcement of the measures adopted by the Commission lies with the Contracting Parties in their respective Fishery Zones.

In 1974 the Commission started its practical work by establishing technical regulatory measures such as mesh opening regulations, minimum landing sizes by species, by-catch provisions etc.

In the meantime a whole system of regulatory measures has become effective.

This includes Total Allowable Catches (TACs) for Herring, Sprat, Cod and Salmon for the whole Baltic and by Fishery Zones.

When TACs were first established by the International Baltic Sea Fishery Commission (IBSFC) in the mid 1970s the Coastal States had access to all fishing grounds of the Baltic Sea. Later following the close of the III UN Law of the Sea Conference and the establishment of national Fishery Zones covering the whole Baltic Sea the allocations had to be made under new legal conditions. Several considerations played a role in determining the specific allocations (historical catches, aerial distribution of fish stocks and fishing dependent areas etc.) but in the very beginning there were no clear rules or parameters for reference. However, factors extraneous to fisheries did not figure in the allocation process. For the last few years, the allocations for the Contracting Parties have been based on fixed percentages for the individual species (Cod, Herring, Sprat and Salmon) by countries.

Total Allowable Catches (TACs) established by the IBSFC for the respective years in thousand tonnes (*):

*) blank space means no TAC (TACs) established or agreed upon;

numbers given show the TAC for the whole Baltic unanimously adopted by the Commission

¨ means the TAC for the whole Baltic was split into TACs by Fishery Zones unanimously adopted by the Members of the Commission

The Salmon TACs have been established from 1995 onward by number of fish in thousands.

The table indicates that from the beginning (1977) it was possible to agree upon the Baltic Sea TACs for the pelagic species - Herring and Sprat - and their shares by Fishery Zones of the Coastal States. It also indicates that it was very difficult to agree on Cod and Salmon - the economically more important species.

In case of Cod it was even not possible to agree on a Baltic TAC for the years 1982- 1988.

Concerning Salmon it was not before 1991 - 17 years after the establishment of the Commission - that an agreement was reached on a Baltic TAC and an allocation scheme.

From 1991 onward the Commission was in a position to unanimously agree on the TACs for all main species and the allocations by Fishery Zones (with the exemption of objections made concerning Herring and Sprat in 2001 and 2002).

The Commission agreed upon fixed distribution keys for the distribution of TACs between the IBSFC Contracting Parties.

This is illustrated by the tables for 1999 and 2002.

Distribution of TACs between IBSFC Contracting Parties

Year 1999

Distribution of TACs between IBSFC Contracting Parties

Year 2002

Taking into account the specific interests of the Contracting Parties in certain species and fisheries transfers of quota and/or reciprocal access arrangements have become a normal procedure on a bilateral basis. It was noted that, when transfers of quota are made among members (or reciprocal access arrangements), these transfers a5re not permanent (for one respective year only) and that they are normally exchanged for quota for other species subject to IBSFC management. There have, however, been instances of quota being exchanged in return for development assistance payments.

The transfers of quotas are illustrated in the table for 1999 indicating as an example the Herring transfers.

Every year the Commission analyses the utilisation of the Baltic TACs of the preceding year taking note of the quota transfers (gained from/granted to other Parties) and the available catch for the respective parties (see table for the utilisation of Herring in year 2001).

Rule 2.1

Quota transfers and exchanges of quotas between Contracting Parties according to new Rule 2.1 of the Fishery Rules of the IBSFC in tonnes *:

Species: Herring1999

* These data refer to the Main Basin and the Gulf of Finland (Recommendation No 2)

Herring in Management Unit III (Recommendation No 1) is not included

Report on the utilization of the Baltic TACs established by the IBSFC for 2001

HERRING

1) Objection made to IBSFC TAC; national decision

2) This is no overfishing, because EC and Poland transferred Herring (together 7,000 tonnes) to be fished in Latvian waters

Since 1994 the IBSFC has taken steps to limit the effects of IUU fishing. Measures include national authorization of vessels allowed to fish Cod in the Convention Area, monthly catch reporting, landing reports where landings are made in ports of other Contracting Parties and since 2001, joint inspection schemes.

This process has led to a new IBSFC Fishery Rule which is now Rule 2:

“2.1 With a view to achieve a better utilization of existing fishing possibilities of the fish stocks subject to regulations agreed by the Baltic Commission, transfers can be made between Contracting Parties.

Contracting Parties shall not later than 1 February inform the Commission of quota transfers and exchanges of quotas with other Contracting Parties or third countries. Contracting Parties shall inform the Commission on any other quota transfers or quota exchanges during the year not later than one month after the transaction.

Vessels flying a flag other than the one of the Contracting Party in whose waters they are fishing, outside a fisheries agreement between Contracting Parties or with a third country, shall have a specific authorization for a defined fishing activity from the official authorities of that Contracting Party and the flag state. The relevant authorities of the Authorizing Contracting Party under whose quota the fishing shall take place shall, prior to the commencement of the fishery, communicate to the IBSFC Secretariat the conditions under which this fishery can take place, specifying:

• the species

• the quantities in live weight

• the period of the fisheries

• the name(s) of the vessel(s)

A reference to the written authorization must be made in the logbook. When landing the catch the written authorization to fish in that Contracting Party’s zone must be shown on request to the competent control authorities.

A Contracting Party shall not later than 1 February provide the Commission with a list of vessels authorized to fish Cod in the Baltic Sea under its quota.

Contracting Parties shall inform the Commission on any changes to the list not later than 3 days before the changes to the list become effective.

The Commission shall circulate any such information received to all Contracting Parties without delay.

2.2 Contracting Parties shall for species managed by IBSFC TACs, provide the Commission with monthly catch statistics broken down by Fishery Zone and Management Area for fishing by their own vessels. Communication of these statistics shall take place at the latest on the last day of each month for the preceding month.

2.3 Contracting Parties shall, through the relevant authorities, provide other Contracting Parties with monthly statistics broken down by vessel, Fishery Zone, Management Area and species managed by IBSFC TACs for landings by vessels from the relevant Contracting Party, including landing of catches obtained under arrangements outside fisheries agreements between the Contracting Parties or with a third country.

Contracting Parties shall provide the Commission with monthly statistics on landings of other Contracting Parties, broken down by Fishery Zone and species managed by IBSFC TACs.

Communication of these statistics shall take place at the latest on the last day of each month for the preceding month.

A Contracting Party shall also refuse landings of Cod which have been transshipped.

2.4 The Commission shall circulate information received under 2.1 to 2.3 to the Contracting Parties at the latest by the seventh day of the following month.

A Contracting Party shall refuse landings of vessels from other Contracting Parties of species of which the relevant national quota is exhausted."

The control of landings in ports of other Contracting Parties is illustrated by the table "Monthly statistics of landings of other Contracting Parties in 1998 as received by the IBSFC Secretariat".

Annex 1

Monthly statistics of landings of other Contracting Parties in 1998 as received by the IBSFC Secretariat

Landings of Cod - Cumulative January- June

* from the Zones of all Contracting Parties (see Annex)
** from Russian Zone

Landings: Herring, Sprat and Salmon - Cumulative January - June

- Estonia reported landings of Herring: 470 tonnes landed by EC (Finnish vessels) from the EC Fishery Zone

- Estonia reported landings of Sprat: 1,993 tonnes landed by EC (Finnish vessels) from the EC Fishery Zone;

- EC reported landings of Sprat 12,707 tonnes (4,720 tonnes by Poland from Polish Fishery Zone, 7,987 tonnes by Danish vessels on private arrangements from Polish Fishery Zone)

- EC reported landings of Salmon: 221 fish (99 fish by Latvia from Latvian Fishery Zone, 122 fish by Poland from the Polish Fishery Zone).

In addition, there have been 21 tonnes of Sprat landed by Faroe vessels on private arrangements from the Estonian Zone.